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Madras High CourtWP(MD)/18661/2020disposed of

Muthukaruppan v. The District Collector,

2020-12-17Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Muthukaruppan ... Petitioner -Vs1.The District Collector, 2.The Revenue Divisional Officer, ... Respondents Prayer: Writ Petitions are filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent to dispose of the petition in Na.Ka.No.A1/1711/2020 on the file of the second respondent within a time frame to be fixed by this Court and direct the respondent to include the petitioner and his brother's name in computerised patta like 10(1) and others bearing S.No.203/11 in Kalimankundu Village.

For Petitioner : Mr.J.M.Hassanul Bazari For Respondents : Mr.M.Pandiya Rajan Additional Government Pleader.

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ORDER

The petitioner has come forward with the Writ Petition seeking issuance of a Writ of Mandamus directing the second respondent to dispose of the petition in Na.Ka.No.A1/1711/2020 on the file of the second respondent within a time frame to be fixed by this Court and direct the second respondent to include the petitioner and his brother's name in computerised patta like 10(1) and others bearing S.No.203/11 in Kalimankundu Village. 2.Heard the learned Counsel appearing for the petitioner and Mr.M.Pandiya Rajan, learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself. 1/3

3.The learned Counsel appearing for the petitioner would submit that the landed property bearing Survey No.230/11 situated in Kalimankundu Village, Kilakarai Taluk, Ramanathapuram District belonged to the petitioner's father and others. After the demise of the petitioner's father, the petitioner and his brother jointly got the property by way of intestate succession and enjoying the property. However, the name of the petitioner's father or the name of the petitioner and his brother was not included in the revenue records, the petitioner had approached the first respondent. Thereafter, the petitioner filed an appeal before the first respondent on 16.01.2020. The first respondent on 08.05.2020 issued a notice to the petitioner and the Village Administrative Officer of Kalimankundu and also to the Tahsildar of Kilakarai vide Na.Ka.No.A1/1711/2020. Thereafter, there was no further action from the side of the respondents. Hence, the petitioner has come forward with the present Writ Petitoin.

4.Learned counsel for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the appeal petition pending in Na.Ka.No.A1/1711/2020, at the earliest.

5. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the appeal petition pending in Na.Ka.No.A1/1711/2020 submitted by the petitioner and pass appropriate orders thereon in accordance with law within a period of 60 days from the date of receipt of a copy of this order, if there is no legal impediment to do so.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM TO:

1.The District Collector, 2/3

2.The Revenue Divisional Officer, +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No. 26260 Order made in 17.12.2020 NA(CO) NR (04/01/2020) 3P : 4C 3/3